Under traffic law, driving without insurance is considered a “Reverse Onus Charge‘” meaning:

• the driver has to prove that they have insurance,
• not that the police officer has to prove you don’t

Upon being stopped by the police, the owner is responsible for having valid liability insurance, but the driver must produce it.

The owner does not have to be driving the vehicle to be charged. Under the Compulsory Automobile Insurance Act the officer has three (3) years to issue a charge.

Many times with no insurance tickets, even if we cannot get the charges canceled, we can get the five thousand (5,000) dollar fine dropped.

To fight your no insurance ticket or to talk to one of our officers call OTT now, contact the office in your area >

Fail to Surrender Insurance Card – Section 3.1

If the driver of a motor vehicle cannot provide proof of valid insurance, the officer has two (2) options.  If the driver is the owner of the vehicle the officer can charge the driver with;

• Operate a motor vehicle without insurance, or
• Fail to surrender insurance card

Usually if the driver has merely forgotten the insurance slip they can attend at the court and the charge will normally be canceled.

If the driver pays a ticket for “Fail to Surrender Insurance Card” the ticket will go onto the driver’s abstract for three (3) years and can affect the insurance rates, even if the driver did have insurance.

If the driver of the motor vehicle is not the owner of the vehicle, the officer cannot charge “driver” with Operate a Motor Vehicle Without Insurance.

The police officer can only charge the “operator or driver” with the offence of fail to surrender evidence of insurance. The fine for Fail to Surrender Insurance card is sixty five ($65.00) dollars.

The police officer may then contact the owner of the vehicle up to three (3) years from the date of offence to investigate whether or not there was insurance coverage. Should the police officer investigate the owner and find that there was not insurance coverage, the officer may lay a charge of “Permit a Motor Vehicle to be Operated Without Insurance”.

If you are charged with the offence of Fail to Surrender Insurance Card, most court prosecutors will cancel the ticket if you appear at the court with a copy of the valid insurance.

If you are concerned about how to do this, you can Call OTT Legal at any of our seven offices and we can help you get this ticket canceled.

Should the officer believe that the motorist presented false evidence of insurance, the officer can lay a charge of “produce false evidence of insurance”. The onus is on the owner to prove to the officer that they had valid insurance on the vehicle.

The police officer can lay a charge for this offence against the owner or the driver of the vehicle up to three (3) years from the date of the offence.

The penalty for producing false evidence of insurance offence is ten thousand ($10,000) dollars, plus the twenty percent surcharge.

OTT Legal provides professional qualified assistance to provide you with a winning defence.

Call OTT Legal any of our seven Ontario offices to discuss your case free of charge, or you can email us for a free consultation.

The Ministry of Transportation of Ontario requires that the owner of a motor vehicle make a statement that the vehicle was insured.

The ministry requires this statement:

• before they will issue a licence plate validation sticker for the vehicle,
• the transfer of a permit or
• any other documents to make a statement that the vehicle is covered by liability insurance.

If the applicant makes a false statement to the Ministry of Transportation, that person commits the offence of “Making a False Statement”. The penalty for this offence is ten thousand dollars ($10,000).

If you face a No Insurance Charge, you need the professional qualified assistance of OTT Legal Services to provide you with a winning defence.

Upon demand from a police officer, the driver must produce valid evidence of insurance.

The onus is on the driver or owner to prove that the vehicle is insured, not the police.

If you have been charged with operating a motor vehicle without insurance contact OTT Legal to learn how we can help you.

When you call OTT Legal you will speak to former police officers from the Toronto Police Service, Ontario Provincial Police and paralegals, all licensed by the Law Society of Upper Canada – people with actual court experience with no insurance traffic tickets.

At OTT Legal, we ensure that your charge receives the individual attention it deserves to win your case.

When we fight your ticket we obtain the police officers notes (disclosure), file any legal motions at no extra charge and investigate all legal procedures for you.

Many times with no insurance tickets even if we cannot get the charges canceled, we can get the fine dropped.

To fight your no insurance ticket or to talk to one of our officers, contact the office in your area >

Would you like to speak to someone about your no insurance ticket? Send us an email. We can help!

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